Kumar Kalbande is a gay man belonging to the OBC (Other Backward Classes) community working for the Forest Survey of India (FSI). Three years ago, he was outed as gay at the Nagpur FSI office, and his life turned upside down. He was harassed for sexual favours, has not been paid his salary in three years, and lives with a disability that could have been prevented had he had the funds for medical treatment. Hopeless, he has now requested passive euthanasia as he feels no one is listening to his plight or believing the homophobic discrimination he is facing.
The incidents
In December 2020, Kumar Kalbande was working as a junior technical assistant at the Nagpur branch of FSI. It was at this time that Kalbande was forced to file a complaint with the police due to constant harassment by his ex-partner. Shortly after, he contracted COVID-19 and fell ill. He ended up being hospitalised.
During this time, his ex-partner began sharing their private conversations with his supervisor at work. Once he was outed as queer, Kalbande alleges that pamphlets advertising his sexuality were being circulated around the office. His application for an advance payment to bear the medical expenses was abruptly halted. To make matters worse, his salary was stopped without any prior notice.
Unable to bear the medical costs and receive treatment in a timely manner, Kalbande developed a 50% locomotor disability, which he has to this day.
Unable to bear the medical costs and receive treatment in a timely manner, Kalbande developed a 50% locomotor disability, which he has to this day.
In January 2021, Chaturbhuja Behera, the regional director of the Nagpur branch of FSI, accused Kalbande of faking his disability and ordered him to go back to work in the field. Left with no alternative, he lodged a complaint with the then Environment Minister, Prakash Javadekar.
In May, he was contacted by the Deputy Director General of Forests, who asked him to meet in his office. Kumar complied and was assured that his grievances would be resolved. The Deputy Director General sent a directive to Behera, ordering him not to withhold Kalbande’s salary.
In a horrific turn of events, Behera demanded sexual favours from Kalbande, and when Kalbande refused, he transferred him to the FSI Kolkata branch without explanation- or his pending salary. Kalbande is unable to go to work as the FSI Kolkata branch does not have an elevator, and despite repeated requests, they have not accommodated his disability. He has not been receiving any salary and is unable to seek other financial assistance as he is- on paper- not fired or suspended.
He filed a case against his supervisor at the Nagpur bench of the Central Administrative Tribunal in October 2022, who claims he is hallucinating. By January 2023, he had also approached the National Human Rights Commission (NHRC) for help, where his application is still pending.
By January 2023, he had also approached the National Human Rights Commission (NHRC) for help, where his application is still pending.
At this point, he has also approached the National Commission of Other Backward Classes and the Court of Commissioner for Persons with Disabilities to no avail. He has also turned to MPs and MLAs, such as Minister of Forest Bhupender Yadav. He has obtained letters of support from Maharashtra Deputy Chief Minister Devendra Fadnavis and Union Minister Nitin Gadkari. Kalbande says that initially, he is extended support from politicians, but that support is quickly retracted as soon as they discover he is queer. None of the bodies or individuals meant to help him want to acknowledge the homophobic aspect of his harassment.
The intersectional discrimination faced by Kalbande
Kalbande is facing a disadvantage at the workplace due to his OBC status, his sexual orientation as well as his disability. The problems began with the revelation of his sexuality. Unfortunately, there are no governmental bodies protecting him from this particular discrimination. The organisations created to protect disabled people or those of the OBC community have turned him away due to his sexuality.
This is the problem Kalbande- and many others- face. Marginalised people have intersectional identities, and many groups created to protect them do not take this plurality into consideration. In this case, we can see that the National Commission of Other Backward Classes and the Court of Commissioner for Persons with Disabilities do not have the tools to address the issues of an OBC or disabled person who is also facing homophobia. On the other side of this, queer events or organisations can often be exclusionary and cater to only the privileged sections of the LGBTQ+ community. Recently, Mumbai Pride was criticised for banning the slogan ‘Jai Bhim’ from its march, deeming it ‘too political.’ A case like Kalbande’s requires an intersectional lens that is often lacking from the very spaces that are supposed to resolve such grievances.
FSI and Behera have been withholding Kalbande’s salary for three years. Behera has done this by ignoring a directive from the Deputy Director General and has even demanded sexual favours from Kalbande. Pamphlets discussing his sexual orientation being distributed around the workplace clearly show that he is being discriminated against based on his sexual orientation. When it struck down Section 377 in 2018, the Supreme Court stated that discriminating against an individual based on their gender identity or sexual orientation is a violation of Article 14 and Article 15 of the Constitution. Moreover, the FSI Kolkata office has not provided reasonable accommodations for Kalbande’s disability at the workplace, which is in violation of the Rights of Persons with Disabilities Act, 2016.
Kumar Kalbande has been denied justice for far too long, which has cost him greatly. Despite receiving support from his family, his physical and mental health continues to deteriorate. He mentioned that his parents have used up all their savings to help him. Receiving justice seems impossible, making him feel hopeless. This is why he has requested passive euthanasia. The fact that he feels compelled to do so is a testament to the sorry state of queer rights in this country.
Kumar Kalbande is currently looking for a lawyer. If you are a Bombay High Court lawyer who can take on this case pro bono till he receives his dues, please contact yesweexistindia@gmail.com.
